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By Gregg Greenstein

Paying for college tuition, books, fees and room and board expenses can cause financial hardship for all parents. When parents are divorced or going through the divorce process, paying for college expenses can be a source of major controversy. However, Colorado child support law is clear concerning divorced parents' or unmarried parents' obligation to contribute to college expenses. The basic rules are:

1. The Court cannot order the parents to pay for college expenses if the original child support order was entered on after July 1, 1997 - unless the parties agree in written document (for example a Separation Agreement, a Parenting Plan or Stipulation) filed with the Court after July 1, 1997.
2. If a child support obligation was established or modified prior to July 1, 1997, the Court can order the parents to pay for college expenses.
3. The Court cannot order a parent to pay for college expenses for a child at the same time as the parent is paying child support for that child.

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By G. Roger Bock

The saying is familiar: If it looks like a duck, walks like a duck and quacks like a duck, it is a duck, no matter what someone calls it. Similarly, if a worker serves a company like an employee, the law may treat the worker as an employee, regardless of whether the worker was called an "independent contractor" or was paid as an independent contractor. The parties' characterization of the relationship will have some relevance if the worker, a government agency or a court later second-guesses whether the worker was in reality an independent contractor. But what the company and worker had called their relationship is not conclusive.

There are certain ways to discern a duck from a goose or a platypus, but distinction of an independent contractor relationship from that of an employee-employer may be quite unclear. Various requirements or factors are considered and applied to each case depending on the particular law and circumstances at issue. The weight to be given to each factor and circumstance can be a matter of perception and judgment.

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